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CROSS v. CUMMINS ENGINE CO.

No. 91-7253.

993 F.2d 112 (1993)

Paul CROSS and Beverly Cross, Plaintiffs-Appellants, v. CUMMINS ENGINE COMPANY, et al., Defendants. Cummins Engine Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 16, 1993.

Attorney(s) appearing for the Case

Guy T. Gillespie, III, Holcomb, Dunbar, Connell, Chaffin & Willard, P.A., Oxford, MS, L.L. Harrell, Jr., Harrell, Harrell & Agee, Trenton, TN, for plaintiffs-appellants.

L.F. Sams, Jr., William Spencer, Nathan W. Kellum, Mitchell, McNutt, LaGrone & Sams, Tupelo, MS, for defendant-appellee.

Before DAVIS and JONES, Circuit Judges, and PARKER, District Judge.

PER CURIAM:

Plaintiffs brought this diversity action seeking recovery for personal injuries against Cummins Engine Company (Cummins) and Freightliner Corporation (Freightliner). The district court granted summary judgment for Cummins, dismissing Cross's claims against Cummins. The district court found there was sufficient proof in the record to sustain the plaintiffs' claims against Freightliner. The Crosses subsequently entered into a settlement agreement with Freightliner...

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